Police command staff get pay hikes: Wage claim dismissed

By Liz Markhlevskaya

lmark@fosters.com

fosters.com

By Liz Markhlevskaya

lmark@fosters.com

Posted Feb. 20, 2013 at 3:15 AM

By Liz Markhlevskaya

lmark@fosters.com

Posted Feb. 20, 2013 at 3:15 AM

ROCHESTER — Without having to go through a hearing in front of the Department of Labor, the police command staff received their wage increases as set by the Police Commission, and the wage claim by the police staff has been dismissed.

The wage claim was dismissed on the condition that the City Council and the Police Commission approve additional language in the Memorandum of Understanding (MOU) that outlines the powers and duties between the two bodies, such as those relating to the setting of salaries for non-union police staff.

During the budget developing process last spring for the current fiscal year, the council appropriated about $12,000 toward raises for about eight non-union police command staff — enough to grant an average of 2.5 percent to each command staff member. After the budget was adopted, however, the Police Commission, after conducting performance evaluations for those staff, awarded about $18,000 toward wage increases — enough to give each command staff member a 3.25 percent raise. Because the wage increases are merit-based, staff members were awarded different amounts in raises, based on performance.

For months since the wage increases were adopted by the Police Commission, command staff did not see these merit-based raises, as the City Council did not appropriate additional funds toward the raises to cover the amount set by the Police Commission.

Per City Charter, the Police Commission is responsible for setting non-union police wages, while the council’s duty is to decide on the budget.

The ongoing dispute resulted in wage claims against the city by the police chief and the command staff through the Department of Labor. As part of an agreement, the claim has been dropped, on the condition that the command staff receive the wage increases as set by the Police Commission, and that an addendum to the MOU is approved.

On Tuesday, the City Council approved an addendum to the MOU, which states that the Police Commission must submit its requested wage increases during the budget development process — 10 days before the city manager hands over the proposed budget to the City Council for review and approval.

Mayor T.J. Jean said the change will allow the council to plan better during the budget development process, knowing how much money will be going toward wage increases for command staff. He said it will give the council a chance to make budget adjustments, and consider reductions in other parts of the budget if needed.

“It’s always good to know what their cost for the whole year is going to be,” said Police Commission Chairman James McManus. “It’s good business.”

Police Commissioner David Winship Jr. agreed that the MOU change is a good idea.

“We won’t be blindsiding them like we have in the past,” said Winship. “It gives them (the council) an opportunity to plan for it in the budget. Ultimately, they’re in charge of the budget.”

According to Jean, neither the city manager nor the City Council will have authority to adjust the budget line for the wage increases set by the Police Commission, once those increases are submitted in the time frame now outlined by the MOU.

According to McManus, “We’re not going to give out astronomical raises.”

The commission will still have to limit the amount of raises to the pay range outlined in the city’s merit plan.

During a special meeting on Tuesday, the City Council voted 10-2 to approve the addendum to the MOU. Councilors David Walker and Julien Savoie voted against the change, while Councilor Ralph Torr was not present during that part of the meeting.

The City Council also voted 10-2 in favor of transferring $7,620 toward the budget for command staff wage increases. This money was transferred from another Police Department account, in order to make up the difference between what the council appropriated for the raises last spring and the amount the Police Commission set after the budget was already approved. The $7,620 figure includes the additional wages, as well as retirement and insurance costs for each non-union police staff member.

Walker and Savoie both voted against making the transfer for additional funds toward the raises.

Walker said he disapproves of putting in additional funds toward the wage increases after the budget for this fiscal year has already been adopted.

“That is not in their (Police Commission’s) purview to change the budget,” he said.

Councilor Ray Varney, who is also the deputy mayor, voted in favor of both the MOU change and the money transfer, but said, “It’s a distasteful situation for the City Council not to have control over the budget.”

According to Finance Director Blaine Cox, the command staff got their merit-based pay increases, as set by the Police Commission, on Friday.

While all three members of the Police Commission signed the adjusted MOU containing the additional language, official adoption of the MOU will not take place until a meeting on Thursday morning, at 10 a.m., when commission members will officially take a vote to adopt the amended document.

“We all agreed upon (it), we just have to make it official,” said Winship. “It’s not a legally binding document until we make it official (through a vote).”

McManus said commission members received a copy of the proposed adjusted MOU at a nonpublic session on Feb. 6. Each commission member then signed the document separately, outside of the meeting, within the following weeks.

Jean said the City Council had made the decision to enter into the agreement involving the new MOU at its recent nonpublic session.